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(영문) 수원지방법원안산지원 2019.05.22 2018가단65449

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 10, 2018, the Plaintiff leased an apartment as indicated in the attached list (hereinafter “instant apartment”) to the Defendant with the lease deposit of KRW 10 million, KRW 10 million per month (payment on February 26, 2018), and the lease term from February 26, 2018 to February 25, 2019.

(hereinafter referred to as the “instant lease contract”) B.

On February 10, 2018, the Defendant paid to the Plaintiff a deposit of KRW 10 million in total, including KRW 10 million and KRW 9 million on February 26, 2018, and began to reside in the instant apartment upon delivery from the Plaintiff around February 26, 2018.

C. On March 26, 2018, the Defendant paid the Plaintiff the rent of KRW 1 million, and subsequently suspended the payment of the rent thereafter.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number) and the purport of whole pleadings

2. The Plaintiff asserted that the Defendant did not pay the rent so far from April 26, 2018, and asserted that the lease contract of this case was cancelled on the grounds of this, and that the Defendant sought payment of the amount of unjust enrichment equivalent to the delivery, overdue rent, and rent of the instant apartment.

The fact that the Defendant paid KRW 1 million to the Plaintiff on March 26, 2018 and thereafter did not pay the rent so far is as seen earlier.

However, in full view of the following circumstances, it is reasonable to view that the Plaintiff exempted the Defendant from the obligation to pay the rent after March 3, 2018 to the completion of the repair of the apartment complex in this case, in view of the following circumstances that are acknowledged by adding the whole purport of the pleadings to the entries in the evidence Nos. 6-2 (the Plaintiff’s assertion that the Defendant arbitrarily stated the matters stipulated in the special agreement, but the Plaintiff’s assertion is without merit) and Nos. 1 and 3

① As long as the Defendant received the instant apartment, there was water leakage in the instant apartment.

Accordingly, the defendant shall pay rent.